Adam P. Schiffer

I have been practicing civil trial law since 1986. I have tried 20 jury trials, 2 non-jury trials, 3 temporary injunction hearings, and 14 arbitrations.

I have represented plaintiffs in 14 trials/arbitrations:

• Verdicts or awards for money damages were obtained in all but one case.
• Monetary awards total $243 million in the aggregate, and two arbitral tribunals are currently considering cases in which my clients seek $400 million in damages.
• After payment of contingency fees, clients received in settlements or collections a total of $199 million.

I have represented defendants in 23 trials/arbitrations:

• 7 cases resulted in complete defense verdicts.
• 7 cases settled favorably during trial.
• 2 cases ended in mistrials.
• 7 cases (including one that was previously mistried) resulted in adverse verdicts or awards in the aggregate amount of $9.75 million. Of these, one trial judgment accounts for $2.8 million (plaintiff argued for $200 million), and one arbitration award accounts for $5 million (I defended the guarantor on a $5 million unconditional letter of credit; not surprisingly, and as expected by my client and me, the tribunal found the obligation unconditional).

I have handled 3 temporary injunction hearings involving trade secrets on behalf of plaintiffs. A temporary injunction was received in each case.

I have had lawsuits in Alabama, Arizona, California, Delaware (Chancery), Georgia, Illinois, Kentucky, Louisiana, Montana, Nevada, Ohio, Pennsylvania, Tennessee and Texas.

I have had arbitrations in Dallas, D.C., Houston, Geneva, London, Las Vegas, Mexico City and New York under the rules of the ICC, LCIA, UNCITRAL, ICSID, JAMS and AAA, involving disputes arising in Argentina, China, the Former Soviet Union, India, Mexico, Peru, Trinidad and Tobago and Turkey and the substantive laws, among others, of Argentina, England, Mexico, Russia, Trinidad and Turkey, and principles of international law.

I was an Associate at Vinson & Elkins LLP from 1986-93 and a Partner from 1994-2003. I was a Partner at King & Spalding LLP from 2003-June 2007.

I have been board certified in Civil Trial Law by the Texas Board of Legal Specialization since 1992.

Peer Selections and Recognitions

• American Board of Trial Advocates
• Chambers U.S.A
• Euromoney's Experts Guide
• Best Lawyers
• Who's Who
• Texas Monthly
• Legal 500

Education:

• Dickinson College, magna cum laude, History and International Studies, 1983; Phi Beta Kappa; William Lennox Avis History Prize.
• University of Houston Law Center, cum laude, 1986; Houston Law Review; Order of the Coif; Houston Bar Foundation Award.

Adam Schiffer's Career Won-Loss Record

Jury Trials

1. Fluor Enterprises v. Solutia, Inc.; Cause No. G-01-74; in the U.S. district court for the Southern District of Texas, Houston Division.
• Co-lead counsel; represented plaintiff in a construction lawsuit.
• After a two week trial in October 2002, the jury returned a unanimous verdict in favor of plaintiff and awarded plaintiff $34.5 million in damages - all we asked for.
• Settled for $20 million. (Law firm was paid by the hour and was not paid a contingency fee)


2. Jack Cameron, et al v. Richard Pharr; Cause No. 98-62788; in Texas state court, Harris County, Texas.
• Co-lead counsel; represented two of the defendants in a breach of contract and fraud lawsuit arising out of a dispute between partners over proceeds from the sale of a business.
• Hired several months before trial to assist in the trial of the case.
• Favorable settlement of the case after one-week of trial in October 2000.
• Case reported on jurisdictional issues: 2000 Tex. App. 4870.


3. Waco Medical Group v. Hillcrest Baptist Medical Center; Cause No. 97-11086; in Texas state court, Travis County, Texas.
• Co-lead counsel; represented defendants in a breach of contract, breach of fiduciary duty and fraud lawsuit arising out of a joint venture between the parties to create a health care Preferred Provider Organization in Waco, Texas.
• Favorable settlement after one-week of jury trial in September 1999.


4. Chung's Gourmet Foods v. Delta Daily Foods; Cause No. 97-59532; in Texas state court, Harris County, Texas.
• Lead counsel; represented plaintiff in a tortious interference with a contract lawsuit arising out of a contract to manufacture and wholesale frozen oriental style dinners.
• After a six day jury trial in August 1999, the jury returned a verdict of $14.5 million for our client - all that we asked for.
• Settled for $4 million when defendant liquidated business following entry of judgment. Client paid a contingency fee of $1.6 million out of $4 million recovery.


5. Ronnie Cuenod v. Corestaff; Cause No. 95-55119; in Texas state court, Harris County, Texas.
• Co-lead counsel; represented defendant in a breach of contract and fraud lawsuit involving stock purchase rights under a severance agreement.
• After a seven day jury trial in September 1998, the judge declared a mistrial, as the jury was unable to reach a verdict. Case settled favorably thereafter.


6. ICO v. John Wood Group; Cause No. 94-49767; in Texas state court, Harris County, Texas.
• Lead counsel; represented plaintiff in a breach of contract and fraud lawsuit involving breach of a letter agreement to purchase a company.
• After a five week jury trial in October-November 1997, the jury returned a verdict in favor of our client for approximately $16 million.
• Appeals court reversed and rendered against plaintiff.
• Case reported: 26 S.W.3d 12 (Tex. App. - Houston [1st Dist.] 2000, writ denied).


7. Susan Lee v. Ronnie Lee; Cause No. 137,506-402; in Texas Probate Court, Harris County, Texas.
• Co-lead counsel; represented the defendant in a breach of fiduciary duty lawsuit involving the management of a family trust with assets worth $50 million.
• After a seven week jury trial in January-February 1996, the jury returned adverse findings against our client. However, the judge disregarded some of the findings and entered judgment against defendant for $2.8 million on plaintiff's claims of $200 million.
• The appeals court affirmed the trial court's judgment.
• Case reported: 47 S.W.3d 767 (Tex. App. - Houston [14th Dist.] 2001, pet. for writ of review pending).


8. Susan Lee v. Ronnie Lee; Cause No. 137,506-402; in Texas Probate Court, Harris County, Texas.
• Judge declared a mistrial after one week in November 1995, because of juror misconduct.


9. Neste Oy v. Sun Oil Refining Company; Cause No. 90-51438; in Texas state court, Harris County, Texas.
• Lead counsel; represented plaintiff in a breach of contract lawsuit involving defendant's failure to pay for cargo of crude oil, causing plaintiff to lose a $1 million profit.
• After a six day jury trial in September 1993, the jury returned a verdict in favor of our client for $1 million, plus attorneys' fees - all that we asked for.
• Defendant paid judgment. (Law firm was paid by the hour and was not paid a contingency fee)


10. Hancock v. Navistar; Cause No. 85CV0980; in Texas state court, Galveston County, Texas.
• Second-chair; represented defendant in a products liability lawsuit arising out of a serious automobile accident.
• After a four week jury trial in April 1992, the jury returned a verdict that defendant was not liable to plaintiff.


11. Harvill v. Whirlpool; Cause No. 29,884; in Texas state court, Hardin County, Texas.
• Lead Counsel; represented defendant in a products liability lawsuit arising from a fire that burned down plaintiffs' house.
• The court declared a mistrial after the third day of a jury trial in the spring of 1991, when one juror suffered a heart attack and another juror's husband suffered a heart attack on the same day of trial. Case settled thereafter.


12. Neomed v. Airshields Vickers; Cause No. 88-8148; in the U.S. district court for the Eastern District of Pennsylvania, Philadelphia Division.
• Lead counsel; represented plaintiff in a breach of contract lawsuit arising from defendant's cancellation of a long-term contract to supply infant ventilators.
• After a six day jury trial in September 1990, the jury returned a verdict for plaintiff for $150,000. We were asking for $250,000.
• Case reported on jurisdictional issues: 891 F.2d 63 (3d Cir. 1989).
• Case settled for $150,000. Client paid a contingency fee of $50,000 out of the settlement proceeds.


13. Gougler v. Wal-Mart; Cause No. H-86-543; in the U.S. district court for the Southern District of Texas, Houston Division.
• Lead counsel; represented defendant in a negligence lawsuit arising from a slip and fall.
• After a two day jury trial in the spring of 1990, the jury returned a verdict for the defendant.


14. Genesis v. DEI; Cause No. 85-66363; in the state court of Harris County, Texas.
• Second-chair; represented plaintiff in a breach of contract lawsuit arising from defendant's investment in an oil and gas exploration and development program.
• After a six day jury trial in September-October 1989, the jury returned a verdict in excess of $28 million for plaintiff.
• Case settled for $18 million. (Law firm was paid by the hour and was not paid a contingency fee)


15. Todd v. Carvel Ice Cream; Cause No. S-86-42-CA; in the U.S. district court for the Eastern District of Texas, Sherman Division.
• Second-chair; represented defendant in a breach of contract and deceptive trade practices act lawsuit arising out of a franchise agreement.
• After a five day jury trial in September 1989, the jury returned a verdict that plaintiff take nothing and that defendant recover on its counterclaim.
• Case reported: 915 F.2d 693 (5th Cir. 1990).


16. Ainslie v. Carvel; Cause No. 84-03265; in state court of Harris County, Texas.
• Second-chair; represented defendant in a breach of contract and deceptive trade practices act lawsuit arising out of a franchise agreement.
• After a seven day jury trial in May 1988, the jury returned a verdict for plaintiff for $400,000.
• Verdict reduced through post-trial motions to approximately $150,000.


17. Bass v. CRG; Cause No. 86-19788; in the state court of Harris County, Texas.
• Lead counsel; represented defendant in a negligence lawsuit involving property damage to an airplane that was in defendant's custody.
• After a three day jury trial in April 1988, the jury returned a verdict for defendant.


18. Biehle v. Curran; Cause No. 41,098; in the state court of Montgomery County, Texas.
• Lead counsel; represented defendant in a lawsuit for trespass arising out of the construction of a gas pipeline.
• After a three day jury trial in March 1988, in which liability was admitted, the jury returned a verdict for $3,000 against defendant.


19. Krim v. Carvel; Cause No. 85-38625; in the state court of Harris County, Texas.
• Second-chair; represented defendant in a breach of contract and deceptive trade practices act lawsuit arising from a franchise agreement.
• After a two week jury trial in November 1987, the jury returned a verdict in favor of plaintiff for approximately $1 million.


20. Tripoli v. Stroud; Cause No. 513352; in the county court of Harris County, Texas.
• Co-lead counsel; represented defendant in a landlord-tenant dispute.
• After a two day jury trial in April 1987, the case favorably settled while the jury was deliberating with our client paying nothing.

Non-Jury Trials

1. John Barnes v. John Hancock Mutual Life Insurance Company; Chancery Court in Dover, Delaware.
• Lead counsel; represented defendant in a breach of contract and breach of fiduciary duty lawsuit arising out of an oil and gas investment partnership.
• Case settled after a two-day, non-jury trial in March 1993, but before the Chancellor issued his rulings.


2. Weingarten Realty v. Carvel; Harris County, Texas.
• Lead counsel: represented defendant in a breach of contract lawsuit over defendant's guaranty of a lease.
• After a one-day non-jury trial in February 1988, the judge entered a judgment in favor of defendant.

Arbitration Hearings

1. El Paso v. Argentina; ICSID Case No. ARB/03/15.
• Co-counsel; represented claimant in a $200 million dispute over the loss o fan investment in Argentina.
• International and Argentine law applied; case tried for two weeks in Washington, D.C. in June 2007.


2. Company John Doe v. Pemex; Case No. 13683/CC); ICC.
• First-chair; represented Claimant in a $215 million construction dispute with Pemex.
• Mexican law applied; case tried for one-week in Mexico City the week of November 27, 2006.
• Final briefs due January 31, 2007 and decision expected within six months or a year thereafter.


3. Coral Energy v. Western Farmers Cooperative; No. 71 198 Y 00153 05; American Arbitration Association.
• First-chair; represented Claimant Coral Energy in breach of contract dispute seeking contract construction and declaration.
• Oklahoma law applied; case tried for one week in Dallas in August 2005.
• Adverse ruling by sole arbitrator, but Respondent voluntarily complied with contract requests by Coral after hearing.


4. Korea National Oil Corporation, Peruvian Branch (Peru), 2. Daewoo International Corporation, Peruvian Branch (Peru), 3. SK Corporation, Peruvian Branch (Peru) vs. Pluspetrol Norte S.A. (Peru); No. 12934/KGA - 1; ICC.
• First-chair; represented respondent.
• Texas law applied; case tried for two days in Houston in August 2004.
• Legal Construction of a Joint Operating Agreement provision.
• Award in favor of Claimants on contract construction, but no damages.


5. Texaco Bohai China v. Apache Corporation; No. 50 T 198 00011 01; AAA-International Rules.
• Co-counsel; represented claimant.
• New York law applied; hearing for two weeks in Houston in January 2004.
• Breach of farm-in agreements.
• Award in favor of claimant for $71 million.
• Final judgment entered, and Fifth Circuit affirmed.
• Respondent paid judgment with interest of $81 million. (Law firm was paid by the hour and was not paid a contingency fee)


6. SBD Sakarya Bolu Elektrik Dagitim AS v. The Republic of Turkey, represented by the Ministry of Energy and Natural Resources; ICC Arbitration N° 12575/MS
• First-chair; represented claimant. Hired two weeks before the final hearing.
• Turkish law applied; hearing in Geneva in December 2003.
• Breach of contract involving distribution of electricity to a region of Turkey.
• Award in favor of claimant for $28 million.
• Government paid award. (Law firm was paid by the hour and was not paid a contingency fee)


7. Li Doyle v. Integrated Electrical Services, Inc.; No. 70 166 00665 02; American Arbitration Association.
• First chair; represented employer in a breach of employment agreement dispute.
• Texas law applied; case tried for three days in Houston in March 2003.
• Claimant recovered severance payment of approximately $400,000 but denied bonus and stock options claims asserted in the millions.


8. Mosbacher India LLC v. Energy Equity Corporation; LCIA arbitration
• First chair; represented claimant operator in JOA dispute.
• Indian law applied; case tried for two weeks in July 2003.
• Award in favor of claimant entitling claimant to sole possession of gas property worth $30 million for a payment to respondent of a discounted book value of less than $4 million. (Law firm was paid by the hour and was not paid a contingency fee)


9. Harrah's Operating Company v. "John Doe" (JAMS arbitration)
• First chair; represented the respondent who defaulted on a letter of credit, requiring him to pay approximately $5 million to Harrah's Operating Company.
• A retired Judge presided over the one-week hearing, which took place in Las Vegas, Nevada in December 2001. Nevada law applied.
• Case could not be won given the unconditional nature of the letter of credit, but the client could not afford to pay and went to hearing as a way to buy time.
• Award in favor of claimant.


10. Carl Rau, Ph.D. v. Rice University (AAA arbitration)
• First chair; represented Respondent Rice University against claims by Plaintiff, a professor at Rice, who sued over the re-establishment of his nano-physics laboratory. Rice claimed the cost to re-establish the laboratory was approximately $500,000. The Professor claimed the cost was approximately $6 million.
• Three former district and appellate court judges presided over the two-day hearing, which took place in Houston, Texas in May 2001.
• A final award was entered in favor of Rice, requiring Rice to spend only $500,000 to re-establish the laboratory.


11. Lummus Global Amazonas v. Aguaytia Energy Del Peru S.R. LTDA (ICC arbitration)
• Co-lead counsel; represented the defendant in an arbitration over the construction of a power plant in Peru.
• Three lawyers with expertise in construction law presided over a two week hearing in Houston, Texas in February 2000.
• Our client recovered an approximately $10 million judgment on its counterclaim; Claimant recovered nothing on its claims.
• Award appealed by respondent and affirmed by federal district court.
• Settled for $10 million. (Law firm was paid by the hour and was not paid a contingency fee)


12. Eastern Petroleum Corporation v. Enron Oil and Gas (ICC arbitration)
• First chair; represented the respondent in a breach of contract action involving the development of an oil and gas property in Trinidad.
• Three English arbitrators, including a retired Law Lord, presided over the three day arbitration in London, England under English law in June 1999.
• The arbitrators' final award found that Enron Oil and Gas was not liable to plaintiff for breach of contract and required plaintiff to pay Enron's costs of arbitration.


13. Tripetrol v. Khabarovsk Oil Refinery (ICC arbitration)
• Co-lead counsel; represented the claimant in a breach of contract involving the modernization of an oil refinery in Siberia, Former Soviet Union under Russian law.
• Three arbitrators, including a Queens Counsel and the then-presiding judge of the World Court, conducted a two week arbitration in London, England in January 1998.
• The final award was rendered in favor of plaintiff in an amount of approximately $14 million.
• Respondent paid full amount of award. (Law firm was paid by the hour and was not paid a contingency fee)


14. Kingwood Medical Center v. Gresham, Smith & Partners (AAA arbitration)
• Co-lead counsel; represented respondent in an architect and engineering malpractice case over the construction of a hospital. Claimant claimed deficiencies and lost profits from a delayed opening in the tens of millions of dollars.
• After a two week hearing in May 1993, the panel of three arbitrators awarded claimant total damages of $59,000.